Blog by an experienced Divorce and Family Law Attorney to educate people with Family Law and Divorce issues, answering questions and explaining complicated matters in a straightforward and understandable way. This blog is a Newsletter, designed for general information only. The information presented in this blog is not, is not intended to be, and shall not be construed to constitute legal advice, nor to create an attorney-client relationship.

Monday, November 7, 2011

QUESTION: How long I have to be separated from my husband to get automatically the divorce?

MY RESPONSE:

There is no such thing as an "automatic" divorce.

There are documents that need to be filed and served, there are other documents that need to be exchanged, and it depends upon whether your spouse files a Response, or whether you need to have his Default entered, as to the procedures needed to bring the divorce to a conclusion, whether by way of settlement, trial, or default hearing.

As to when the divorce will be concluded, the earliest possible time would be six months after your spouse is served, but the actual time will be dependent upon who does what and when, as well as whether the case is settled, litigated, or resolved by the Court at a default hearing.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

QUESTION: I have an L1A visa and my wife an L2 visa. Can we divorce under US law?

MY RESPONSE:

Anybody who has satisfied California's residency requirements to file a divorce (at least 6 months in California, and 3 months in the county) can file and get a divorce in California.

Different states have different residency requirements.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com

QUESTION: We have been separated for a year now and I want to get married again. What form/legal document do I need in order to get married again?

MY RESPONSE:

You cannot get remarried until your existing marriage is dissolved, i.e., until a Judgment of Dissolution of your Marriage (a divorce) is entered into the records of the Court.

A Judgment of Legal Separation leaves you married to your wife; you cannot remarry if you only have a Judgment of Legal Separation.

Being merely separated from your wife leaves you married to your wife.

If you want to marry somebody else, you first need to divorce your wife.

Once a Notice of Entry of Judgment has been served by the Court in your divorce case, you can get a marriage license to marry somebody else.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com

QUESTION: My fiance and I recently had a commitment ceremony in Mexico. His divorce is not finalized yet, so we did not file paperwork of any kind. We only held was looked like a wedding (dress, flowers, pictures, etc). Now my partners soon-to-be ex-wife if claiming she will sue us for polygamy, and that our "wedding photo" is proof. We are filing our taxes as single, not claiming marriage status with work or for benefits. We are only living together and wearing wedding rings. Does she have any grounds to sue for polygamy? Have we done anything illegal?

MY RESPONSE:
What you did is not illegal. You only went through a "commitment" ceremony, not a wedding. There is no private lawsuit or remedy for polygamy or bigamy in California. Whereas the "wedding rings" and the "wedding photo" may be problematic, inasmuch as you didn't actually marry your partner, and you didn't get a marriage license, your risk of being prosecuted by the state or county for bigamy (or polygamy) is practically nonexistent. After your partner's divorce Judgment has been entered, you can get married to him.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |